Obligation to Uncover Finished Construction Work. Maintenance Contractor shall inform TxDOT in writing of any construction work to be performed under this Comprehensive Maintenance Agreement that is to be covered, to allow adequate opportunity to TxDOT to inspect and test such work. Maintenance Contractor shall remove or uncover such portions of the finished work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, Maintenance Contractor shall restore the work to the standard required by the COMA Documents. If the work exposed or examined is not in conformance with the requirements of the COMA Documents, then uncovering, removing and restoring of such work and any delay to occasioned thereby shall be at Maintenance Contractor’s cost. Furthermore, any construction work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT or without inspection in accordance with COMA Documents may be ordered uncovered, removed or restored at Maintenance Contractor’s cost, even if such work proves acceptable and conforming after uncovering. Except with respect to the construction work done or materials used without providing TxDOT adequate notice as described in the foregoing sentence, if the work exposed or examined under this Section 5.7.3 is in conformance with the requirements of the COMA Documents, Maintenance Contractor shall be entitled to recover the reasonable and documented cost of such efforts.
